The relationship between an employer and employee can be seen as one that gives rise to a contract. This is because the employer gives an offer of employment and the employee accepts the offer. This relationship is an indispensable one as both the employee and employer are relevant in the field of work. Hence, it confers benefits on each party while imposing obligations on each party as well.
To create an enabling environment where both the employer and the employee thrive, there is the need to adhere to the rights and obligations of both parties. The appropriate medium or mode for each party to spell out their rights and obligations is through the contract of employment.
The employer and employee relationship in its broad spectrum is governed by the Labour Act, 2003 (Act 651). Essentially, the rights and duties of the employer and employee as well as the contract of employment are captured under the heading "Protection of Employment" in the Labour Act.
The focus of this article is to highlight the rights and duties of both the employer and the employee.
CONTRACT OF EMPLOYMENT AND ITS CONTENT
As a result of the employer and employee relationship being in a contractual form, there is the need for an "Employment Contract". The provision on employment contract is stated in Section 12 (1) of Act 651.
Section 12 (1) stipulates that "The employment of a worker by an employer for a period of six months or more or for a number of working days equivalent to six months or more within a year shall be secured by a written contract of employment".
By Section 12(2) of Act 651, a contract of employment shall express in clear terms the rights and obligations of the parties.
Hence every employment for a period of six months or more must have a written contract of employment.
This contract of employment must express in clear terms the rights and obligations of the parties.
The particulars of a Contract of employment, among other things, include the hours of work, job title, remuneration, the period of notice for termination, grounds of termination.
RIGHTS AND DUTIES OF AN EMPLOYER
Section 8 of the Labour Act (Act 651) deals with the rights of the employer. Among these rights are:
- To employ a worker, discipline, transfer, promote and terminate the employment of the worker.
- Formulate policies, execute plans and programmes to achieve set targets.
- Modify, extend or cease operations; and
- Determine the type of products to make or sell and the prices of its goods and services.
Among the duties of the Employer under Section 9 include
- Providing work and appropriate raw materials, machinery, equipment and tools.
- Pay the agreed remuneration at the time and place agreed on in the contract of employment or collective agreement or by custom without a deduction except deduction permitted by law or agreed between the employer and the worker.
- Take practicable steps to ensure that the worker is free from risk of personal injury or damage to health during and in the course of the worker's employment or while lawfully on the employer's premises.
- Develop human resources by way of training and retraining of the workers.
- Provide and ensure the operation of an adequate procedure for discipline of the workers.
- Furnish the worker with a copy of the worker's contract of employment
- Keep open the channels of communication with the workers; and
- Protect the interest of the workers.
RIGHTS AND DUTIES OF AN EMPLOYEE
The rights of a worker on the other hand per Section 10 of Act 651 are
- Work under satisfactory, safe and healthy conditions
- Receive equal pay for equal work without distinction of any kind
- Have rest, leisure and reasonable limitation of working hours and a period of holiday with pay as well as remuneration for public holidays
- Form or join a trade union.
- Be trained and retrained for the development of skills and
- Receive information relevant to the work of the worker.
The Duties of the worker per Section 11 are
- Duty to work conscientiously in the lawfully chosen occupation
- Report for work regularly and punctually
- Enhance productivity
- Exercise due care in the execution of assigned work
- Obey lawful instructions regarding the organization and execution of the worker's work
- Take reasonable care for the safety and health of fellow workers
- Protect the interests of the employer and
- Take proper care of the property of the employer entrusted to him or under the immediate control of him.
CONCLUSION
In order for every work organization to have a thriving work environment, the employer must adhere to his duties and have maximum recognition for the rights of the employee and vice versa.
This will help curb most labour related conflicts that arise between the employer and employee.
The contract of employment with its terms and conditions must at all times reflect the rights and obligations of each party.
A pivotal point of the Contract of Employment is that whatever terms and conditions contained therein must not contradict the provisions in the Labour Act.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
